11-03-2023, 05:08 PM
(11-03-2023, 05:02 PM)Stockland Hillman Wrote:This then goes back to the social media rules.(11-03-2023, 04:41 PM)Adsales Wrote: That is all incorrect I’m afraid. A freelancer, i.e. a person who provides services to a broadcaster, be that as a sole trader or via a limited company, can only ever be under the control of the client whilst providing those services. In this case while on air or providing other services for which he is being paid.Wrong, I'm afraid in every respect
Anything else by default pushes the freelancer into IR-35, which the BBC in Lineker’s case has argued he isn’t.
You cannot have your cake and eat it.
Companies and suppliers usually have contracts which cover all issues of conduct where the conduct may affect the position or reputation of the contracting party.
It's a basic tenet of business, used widely where outsourcing or franchising takes place to protect the master organisations reputation. They also cover post engagement behavior
In law it's actually easier to control a contractor than a staffer
In which:
- The BBC states that Lineker needs to agree to social media rules before coming back on air, hinting that there are currently none he has to comply with
- Or, even if we believe he still needs to follow the general guidelines by default, it is very difficult to see how Lineker could have infringed upon the general BBC social media guidelines, as @LDN explained earlier
We don't know the content of the actual contract but from what the BBC has been hinting it's likely the first option, and even failing that, the second point would apply.